Off-duty Police Help: Unfair Or Indispensable?

When Kevin Beary decided in March that his Orange County deputy sheriffs no longer could work off duty at abortion clinics, he started a debate about whether law officers should work off duty at all.

The American Civil Liberties Union opposes off-duty work by police officers or deputies in uniform.

''You're selling the color of the law to whoever can afford it,'' said Alan S. Lunin, chairman of the Orlando chapter of the American Civil Liberties Union of Florida. ''It's not really fair.''

However, the heads of law enforcement agencies say that off-duty work puts hundreds of extra officers on the street every week without costing taxpayers a dime.

''That's just more eyes and ears on the street,'' Orlando Police Chief Tom Hurlburt said.

In November 1991, for instance, Deputy Sheriff John Moch was working off duty at a tourist hotel when he heard on his radio that deputies were looking for a yellow Cadillac. Moch saw one and called for help. Deputies ultimately arrested the driver, who was accused of five armed robberies involving tourists.

Hurlburt said off-duty officers do not work at the pleasure of restaurants and other businesses that hire them. Rather, the businesses are paying for the privilege of having an officer there. The officers do the same things they would do while on duty: prevent crime and arrest criminals.

''The (off-duty) officers are still upholding the law,'' Hurlburt said. ''They cannot do anything, more or less, than if they pulled up in a patrol car.''

Off-duty officers from agencies throughout Central Florida work at an assortment of convenience stores, taverns, sporting events and meeting places for teen-agers.

Roland Hernandez, an Orange County deputy, works five hours a week at the 7-Eleven Store on West Colonial Drive near Pine Hills Road. He usually works from 11 p.m. Saturday to 4 a.m. Sunday.

The 7-Eleven is near the Funtastic Skating and Entertainment Center, where more than 1,000 youths often gather. Hernandez said the teen-agers swarm nearby businesses when the rink closes. His job is to keep the youths from crowding the store, fighting or stealing.

If an off-duty officer were not present, Hernandez said, ''There'd be a mob in that store. You'd have to call a deputy and tie him or her up for hours.''

Sheriff's Cpl. Arthur Donald Brown works off duty at the Rodeo Club on south Orange Blossom Trail a few miles north of Osceola County. His shift is from 10 p.m. Friday to 2:15 a.m. Saturday. His job is to keep fights from starting and to keep watch.

''We've also kept several drunks from getting in their cars,'' he said.

Lunin said off-duty officers could accomplish the same goals without wearing uniforms. They would still have arrest powers, but people would not perceive the uniform as being ''for rent.''

Hernandez, however, said the uniform and the marked patrol car are important for off-duty jobs. People who see a uniformed officer know the law is nearby, and they behave accordingly.

The reason the deputies and officers work off duty is simple: money. Businesses pay $18 an hour per officer. Deputies have to pay $2 per hour of the earnings to Beary for maintenance of their patrol cars. Orlando officers reimburse the city for wear and tear of police vehicles.

''We enjoy having them here, mainly for the peace of mind,'' said Ray DeSalvo, manager of Star Meat and Produce on Mercy Drive. ''We make sure our customers feel safe. We feel safe. They feel safe.''

Brown said an Orlando restaurant that had used off-duty officers for years decided last year to stop. Four months and two armed robberies later, the off-duty officers were back.

Lunin said that if uniformed officers are permitted to work off duty, they should be available to all businesses. He said he opposes Sheriff Beary's decision to halt off-duty work at abortion clinics. Beary said he stopped such work for a variety of reasons, including the appearance of neutrality.